Does the Brandon Davies Suspension from BYU Have Legal Ramifications
As most have heard by now, BYU basketball star Brandon Davies has been suspended for the rest of the season for having sex with his girlfriend, a violation of BYU's "honor code," which prohibits, among other things, premarital sex. Questions have arisen whether BYU can legally do this, despite the fact that there is nothing unlawful at all about what Davies did.
Courts have consistently held that participation in interscholastic athletics is not a constitutionally protected fundamental right. Further, although a private university such as BYU is not governed by the due process requirements of the 5th and 14th Amendments, the NCAA will nevertheless ensure that a member University complies with minimum "due process" standards when penalizing student athletes. However, Brandon Davies has no recourse because BYU has an honor code that Davies agreed to abide by and later violated.
Whether we agree with the honor code or not, BYU deserves credit for enforcing the code and not making an exception, particularly since Davies' suspension significantly harms BYU's chances in the upcoming NCAA tournament. At the time of the suspension, BYU was 3rd in the country and chasing the top seed.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.